2023 ONAFRAAT 04
IN THE MATTER OF THE Farm Implements Act, R.S.O. 1990, c. F.4
AND IN THE MATTER OF Rule 33.01 of the Tribunal’s Rules of Procedure.
BETWEEN:
E.R. (Bill) Vollans Ltd.
Applicant
– and –
LEON Mfg. Company Inc.
Respondent
Self-Represented
Self-Represented
Before:
Glenn C. Walker, Chair; Betty Ann MacKinnon, Member; Dave Stevens, Member
DECISION OF THE TRIBUNAL
background
E.R. (Bill) Vollans Ltd. (“Vollans”) made a complaint to the Agriculture, Food and Rural Affairs Appeal Tribunal (the “Tribunal”) pursuant to the Farm Implements Act, R.S.O. 1990, c. F.4 (the “Act”) against LEON Mfg. Company Inc. (“LEON”) seeking a refund payment from LEON in the amount of $28,890.
On November 13, 2020, Vollans ordered a Spreader Model 425 Horizontal from LEON for a price of $28,890. LEON is a manufacturer of farm implements located in Yorkton, Saskatchewan.
The full amount of the purchase price was paid by Vollans to LEON shortly thereafter.
On June 14, 2022, LEON acknowledged the request of Vollans to cancel the order and gave notice to Vollans that the full amount of $28,890 would be refunded within 30 days.
Despite numerous requests the refund has not been paid by LEON to Vollans.
[FARM IMPLEMENTS ACT](https://www.canlii.org/en/on/laws/stat/rso-1990-c-f4/latest/rso-1990-c-f4.html)
The Act provides specific relief for certain persons in specified circumstances regarding farm implements. It does not provide an answer for all disputes involving farm implements.
Section 5 permits a “purchaser, dealer, distributor or manufacturer” to request that the Director appointed under the Act inquire into and attempt to resolve a dispute with respect to any matter arising from the application of the Act or the regulations. If the parties are unable to resolve the issues with the assistance of a mediator, any party may apply to the Tribunal for a hearing.
The mediation between the applicant and the respondent was unsuccessful and the applicant now seeks a hearing before the Tribunal.
RULE 33.01
This rule provides that the Tribunal may dismiss an appeal (which includes an application or a complaint) on its own motion without a hearing if, in the Tribunal’s opinion, the proceeding relates to matters that are outside the Tribunal’s jurisdiction.
By way of a Notice of Possible Dismissal Under Rule 33.01, dated February 22, 2023, the Tribunal sought written submissions from the applicant concerning the jurisdiction of the Tribunal to hear this proceeding. The applicant provided written submissions by way of a letter to the Tribunal dated February 23, 2023.
ANALYSIS
The applicant’s submissions do not address the issue of the Tribunal’s jurisdiction to hold a hearing with respect to the dispute between Vollans and LEON.
In its submissions Vollans proposes that the Tribunal has jurisdiction in this case as the respondent LEON is not registered under the Act as required by section 6.
Vollans further points out that no person shall carry on the business of a dealer or distributor unless the person is registered under the Act and that every person who contravenes a provision of the Act is guilty of an offence and on conviction is liable to a fine of not more than $25,000 if it is a corporation.
The Tribunal has confirmed that LEON is not registered under the Act, but that fact does not imbue the Tribunal with jurisdiction on the issue raised by the applicant in its complaint.
The Tribunal has no jurisdiction to enforce the registration provisions of the Act. This falls within the powers of the Director, appointed by the Minister under section 4(1), who is responsible for the administration and enforcement of the Act and its regulations.
If the Director were to enforce section 6, any hearing would take place before the Provincial Offences Court and not the Tribunal.
As to the issue raised by the applicant in its complaint, this is a contract dispute and the provisions of the Act do not address this situation. There is no remedy under the Act for this applicant.
ORDER
the complaint of the applicant is dismissed.
any party may appeal the decision of the Tribunal on a question of law to the Divisional Court of the Superior Court of Justice in accordance with its rules of practice within 15 days from the day on which the decision was served.
Released: March 27, 2023